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Home→Tags Appeal from probate

Tag Archives: Appeal from probate

Revocable Trust Not Probated and So Not Subject to Appeal from Register

Posted on June 19, 2023 by Daniel EvansJune 19, 2023

Challenges to the validity of a revocable trust must be made by a petition to the Orphans’ Court, and not by an appeal from the probate of the will of which the trust is a beneficiary, and so the appeal … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Revocable trust, Testamentary Capacity, Undue influence

Proof of Testator’s Signature

Testimony of bank employee that the signature of the witness to the will was her own, and that she would not have signed as witness if she had not seen the testator sign the will and had identified the testator, … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Forgery, Probate

Appeal from Probate Dismissed as Untimely

Appeal from probate filed more than one year after the grant of letters will be dismissed when the petitioner received a notice of estate administration and does not allege fraud upon the court or any other exception to the one … Continue reading →

Posted in Opinions | Tagged Appeal from probate

Original Will Produced on Appeal

On an appeal from the decree of the Register denying probate of a photocopy of a will, the appeal will be upheld when the proponent is able to produce the original will and prove the will by the testimony of … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Probate

De Minimus Legatee Lacked Standing

An intestate heir who was entitled to a gift of $5.00 under a prior will did not have standing to object to the probate of a later will, and the appeal from probate was properly dismissed as untimely when it … Continue reading →

Posted in Opinions | Tagged Appeal from probate, PEF 908(a), Standing

Will Forgery

In an appeal from probate, the court found “without hesitation” that a May 2009 will admitted to probate was forged, because the timeline of the proponent of the will got the weekend of a family gathering wrong, meaning three witnesses … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Credibility, Will forgery

Laches in Will Contest Within One Year of Death

Appeal from probate was denied even though the appeal was filed within one year of probate when there was an unexplained delay in the filing of the appeal and the estate was prejudiced by the delay because it was unable … Continue reading →

Posted in Opinions | Tagged Appeal from probate, laches

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